HomeMy WebLinkAboutOrdinance No. 5607 *** Proof of Publication
Courier Communications
100 East 4th Street, Waterloo, Iowa 50703
Black Hawk County
I do solemnly swear that the annexed copy of notice was published in
the WATERLOO/CEDAR FALLS COURIER, a daily newspaper
printed in WATERLOO, Black Hawk County, Iowa, and that the
annexed rate of advertising is the regular legal rate of said
newspaper, and that the following is a correct bill for publishing said
notice.
Waterloo, City of- Legals
715 MULBERRY ST.
WATERLOO IA 50703
ORDER NUMBER 201097
Signe
Subscribed and sworn to before me thi�day of 2G__ ) .
�J(Ajym' lubAj
Notary P lic
Received of
the sum of Dollars in full
for publication of the above invoice.
Notary Seal: E
J�E MCKINS I Hy
COMr SSJO&5Y
N0.78V,1Section: Legals
Category: 950 Legal Notice
PUBLISHED ON: 07/23/2021
TOTAL AD COST: 61.42
FILED ON: 7/29/2021
*** Proof of Publication
ORDINANCE NO.5607
AN ORDINANCE AMENDING THE
TRAFFIC CODE BY REPEALING SUB-
SECTIONS E,F,AND G OF SECTION 4,
AUTOMATED TRAFFIC ENFORCE-
MENT, CHAPTER 1, TRAFFIC CODE,
TITLE 6, MOTOR VEHICLES AND
TRAFFIC, AND ENACTING IN LIEU
THEREOF NEW SUBSECTIONS E, F,
AND G OF SECTION 4, AUTOMATED
TRAFFIC ENFORCEMENT,CHAPTER 1,
TRAFFIC CODE, TITLE 6, MOTOR
VEHICLES AND TRAFFIC.
BE IT ORDAINED by the City Council of
the City of Waterloo,Iowa,that the City of
Waterloo Traffic Code is hereby amended
as follows:
That Subsections E,F,and G of Section
4,Automated Traffic Enforcement,Chap-
ter t,Traffic Code,Title 6,Motor Vehicles
and Traffic, is hereby repealed in its
entirety and new Subsections E,F,and G
of Section 4,Automated Traffic Enforce-
ment, Chapter 1, Traffic Code, Title 6,
Motor Vehicles and Traffic, are hereby
enacted in lieu thereof as follows:
6-1-4: AUTOMATED TRAFFIC EN-
FORCEMENT:
E. Contesting An Automated Traffic
Citation:Within thirty(30)days from the
date appearing at the top of a notice of
automated traffic citation sent to the
vehicle owner, the vehicle owner may
either pay the fee associated with the
citation or challenge the citation by
submitting a written challenge to the
citation or requesting that a municipal
infraction be filed pursuant to Iowa Code
Section 364.22. Any such written chal-
lenge or request shall be on a form
specified by and available from the city as
indicated on the notice,and be sent to the
city according to the instructions on that
form.Upon receipt of a written challenge,
a Waterloo Police Officer shall determine
whether the citation should be rescinded.
Within thirty (30) days after the city
receives such a challenge,the city shall
notify the vehicle owner whether the
challenge to the automated traffic citation
is successful,in which case,the citation
shall be rescinded.Otherwise,the citation
shall stand.Thereafter,the city may seek
voluntary payment and/or file the citation
as a municipal infraction against the
vehicle owner,as set forth in Subsection
G.
F. Exceptions To Owner Liability; There
shall be no liability pursuant to this
section if:
1.The operator of the vehicle in question
was issued a Municipal infraction for the
violation in question pursuant to section
1-3-2(B)of this chapter,or
2.The violation occurred at any time after
the vehicle in question or its state
registration plates were reported to a law
enforcement agency as having been
stolen,provided,however,the vehicle or
its plates had not been recovered by the
vehicle owner at the time of the alleged
violation;or
3. The vehicle in question was an
authorized emergency vehicle;or
4. The officer inspecting the recorded
image determines that the vehicle in
question was lawfully participating in a
funeral procession;or
5. The officer inspecting the recorded
image determines that the vehicle in
question entered the intersection in order
to yield the right-of-way to an emergency
vehicle.
G.Failure To Timely Pay Or Appeal:If the
recipient of an automated traffic citation
does not either pay the fine by the due
date stated in the citation or appeal the
citation as provided herein, a Municipal
infraction may be filed by the Waterloo
Police Department and a fine may be
sought in accordance with section
1-3-2(B) of this chapter rather than
subsection D of this section.If judgment
is entered in favor of the City,mandated
court costs will be added to the amount of
the fine imposed by this section.The City
may, subject to applicable law, pursue
enforcement of the judgment together
with interest as permitted by law.
Collection of that judgment may include
referral to the Stale of Iowa Income Offset
program administered by the Department
of Administrative Services,State Account-
ing Enterprise.Notwithstanding the City's
right to file a municipal infraction,the City
may first seek voluntary payment of the
fine by sending a written request for
payment to the Vehicle Owner and/or
referring the matter to a private service
agent to conduct collection in accordance
with all applicable law. (Ord. 5411,
8-7-2017).
PASSED AND ADOPTED this
6th day of July 2021.
Quentin Hart.Mayor
Attest:Kelley Felchle,City Clerk